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Law and Orders #2: Florida cop was “within bounds” when he punched and pepper-sprayed a 15-year-old girl for breaking curfew

(Via Women of Color Blog 2007-10-07 and Anthony Gregory @ LewRockwell.com Blog 2007-10-10.)

Cops in America are heavily armed and trained to be bullies, and they routinely hurt people who are not posing any serious threat to anyone, in order to make sure that they stay in control of the situation. They have no trouble electrifying small children, alleged salad-bar thieves, pregnant women possibly guilty of a minor traffic violation, or students who may have been guilty of using the computer lab without proper papers–while they are already lying helpless on the ground. They are willing to pepper spray lawyers for asking inconvenient questions and to beat up 15 year old girls for daring to give them lip over whether to clean up spilled cake. They routinely use intimidation, threats, and violence whenever they get tired enough of being talked back to and if their bellowed orders are no longer sufficient to end an argument–even without any plausible reason whatsoever for fearing any physical threat to themselves or others. When they are caught in the act police administrators will wring their hands, make up some lies to try to excuse the assault, promise an investigation, find that Official Procedures were followed, and then do nothing at all; meanwhile a chorus of sado-fascists can be counted on to cheer the pigs and smear the victim in print media, talk shows, and the Internet. Both administrators and freelance sycophants freely employ the most tortured sorts of necessity excuses, in what seems to be a deliberate effort to obliterate any notion of restraints on the use of force in securing police objectives.

In Fort Pierce, Florida, a white male cop named Dan Gilroy recently stopped a 15 year old black girl named Shelwanda Riley, and then placed her under arrest, for walking outside at 1:50 in the morning. (City ordinances forbid anyone under 18 from being on city streets without an adult minder between 11:00pm and 6:00am.) Here is the police video of Gilroy twisting her arm, telling her that he is going to hurt her to make her comply, wrenching her arm behind her back, punching her in the face, and then pepper-spraying her right after that, just for good measure.

In the video, Riley starts crying and says she doesn’t want to go to jail. The officer repeatedly shouts at her not to resist while he tries to force her arms behind her back. When he threatens to use force and then wrenches the arm he’s holding behind her back, she bites him. He immediately punches her in the face, then, after waiting a second, pepper-sprays her in the face. He then finishes handcuffing her and leads her away as she cries that she can’t breathe.

Note that after he shoved her into the car, this grown man later proceeded to charge the 15 year old girl that he forced down, beat up, and pepper-sprayed, with felony battery. The Authorities at the police department are Investigating, but Gilroy is still on active duty, and the local police chief, Sean Baldwin, says that Initial review of the incident concluded that the police officer acted legally and within bounds.

For the time being, I want to set aside the obvious, stupid tyranny of the law that Dan Gilroy was so diligently trying to enforce. City governments have no business at all keeping tabs on where or when teenagers happen to be out, and cops have no business enforcing laws that city governments have no business making. But even if they did, this kind of thuggery from the police would still be inexcusable.

The sado-fascist police enablers will, no doubt, mutter something about The Law and about keeping public order. They will no doubt point out the fact that the girl was resisting arrest by not submitting to the cop’s bellowed orders to let him handcuff her. They will no doubt point out the fact that, after he told her he was going to hurt her and then wrenched her arm behind her back, she bit at his wrist. They will no doubt claim that a grown man punching a 15-year-old girl in the face and then pepper-spraying her after he had punched her, in spite of the fact that she had done nothing else at that point to indicate that she posed any further threat, was necessary for the officer to successfully complete the arrest. But suppose that this were all true. Then so what?

Even supposing that this cop had any kind of business arresting Shelwanda Riley, so what if he could not complete the arrest without doing these things? So what if he would otherwise have had to stand around waiting until she was willing to submit to arrest, or if he would otherwise have had to give up and let her get away when it became clear that beating her up was the only way to get her cuffed, or if he would have had to let go and back off in order to avoid getting hit by her or bit by her or whatever the hell it is he was so worked up about? So what if she even–perish the thought!–happened to get away from him?

Even if you have a right to do something, that does not mean that you have the right to do it by any means necessary; sometimes there’s no way that you can get it done without using a levels of force that are disproportionate to the case, and in that case you simply have to give up on it; even if you were in the right, using force beyond what’s proportional to the situation turns you into a criminal and turns your enforcement into nothing more than an assault. If the cops cruising around our city streets think that the violence Dan Gilroy used here is worthwhile and within bounds of the proportional use of force — beating up teenaged girls and hurting them with pepper-spray just to make sure they don’t get away with the dreadful crime of wandering around outside too late at night, then that may tell you all that you need to know about the institutional culture of policing in America today.

Public schooling

One of the worst things about so-called public education, i.e. government-controlled schooling, is that students are forced into an institution that they consistently find unpleasant and boring, whether or not the individual student thinks that it’s worth the trouble. That fact, combined with the fact that the victims are all young and many of them are poor or black or otherwise marked as at-risk youth in need of special surveillance and control, naturally and systematically corrupts the way that the school relates to its students. It leads administrators and political decision-makers to focus on restraining the unruly behavior of the coerced students, by making authority, control, security, and discipline top priorities. In practice this means monitoring, intimidation, and coercion. These facts in turn result in attitudes and institutional practices throughout State schools that are often hard to distinguish from those prevailing in a prison camp.

Here are three stories that have come out, just over the course of the past week, about the practices of administrators and uniformed thugs in American public schools. In particular, they are about three separate cases in which one or the other set out to maintain control over their school by physically brutalizing or sexually humiliating young women.

The first case, from Arizona, happened four years ago. It’s in the news today because the famously liberal Ninth U.S. Circuit Court of appeals recently ruled that Safford Middle School officials were within the bounds of their legitimate authority when they forced a strip-search on a 13 year old girl — because a couple of student snitches claimed that she had some unauthorized ibuprofen on her, and the Authorities had to know for sure:

Safford Middle School officials did not violate the civil rights of a 13-year-old Safford girl when they forced her to disrobe and expose her breasts and pubic area four years ago while looking for a drug, according to the Ninth U.S. Circuit Court of Appeals ruling.

The justices voted 2-1 in favor of the Safford School District on Sept. 21. The decision upheld a federal district court’s summary judgement that Safford Middle School Vice Principal Kerry Wilson, school nurse Peggy Schwallier and administrative assistant Helen Romero did not violate the girl’s Fourth Amendment rights on Oct. 8, 2003, when they subjected her to a strip search in an effort to find Ibuprofen, an anti-inflammatory drug sold over the counter and in prescription strengths.

The girl’s mother filed a federal law suit against the district and Middle School officials because they forced her daughter to strip down to her underwear then move her bra and panties in such a way that her breasts and pubic area were exposed. The mother also asserts that she was not notified of the impending search.

In the opinion written by Judge Richard Clifton, Based on the information available to them, defendants (Safford School District, Wilson, Schwallier and Romero) had reasonable grounds for suspecting that the search of (the girl’s) person would turn up evidence that (the girl) had violated or was violating either the law or the rules of the school.

Clifton wrote that Wilson and the others had reasonable grounds for believing the girl had Ibuprofen based on conversations with two other students.

The other students said the girl possessed Ibuprofen and had distributed the drug to others, according to the court report.

— Diane Saunders, Eastern Arizona Courier (2007-09-26): Court rules school officials acted properly in strip search

The second case is from New York, where — in order to enforce a blanket no-bags policy putatively adopted for the students own health and safety — a member of the school goon squad decided that it was O.K. for him, an adult male ex-cop, to pull 14 year old girls carrying purses out of class and interrogate them about their menstrual cycles:

Grahamsville — Several television news crews from New York City are camped outside the Tri-Valley Central School following the story in today’s Times Herald-Record about what question a school security guard asked a 14-year-old female student.

The girl was called out of class by a security guard during a school sweep last week to make sure no kids had backpacks or other banned bags.

Samantha Martin had a small purse with her that day.

That’s why the security guard, ex-Monticello cop Mike Bunce, asked her The Question.

She says he told her she couldn’t have a purse unless she had her period. Then he asked, Do you have your period?

Samantha was mortified.

She says she thought, Oh, my God. Get away from me. But instead of answering, she just walked back into class.

At home, she cried, and told her mother what happened.

It appears that at least a few other girls were also asked the same question.

On Sept. 21, Martin and other girls were called to the office of Principal Robert Worden. Lisa Raymond, the assistant superintendent for business, was also there, Martin said.

They just asked me what he (Bunce) said. I told them, and they said thanks for coming, she said.

The small Sullivan County school has been in an uproar for the last week. Girls have worn tampons on their clothes in protest, and purses made out of tampon boxes. Some boys wore maxi-pads stuck to their shirts in support.

After hearing that someone might have been suspended for the protest, freshman Hannah Lindquist, 14, went to talk to Worden. She wore her protest necklace, an OB tampon box on a piece of yarn. She said Worden confiscated it, talked to her about the code of conduct and the backpack rule — and told her she was now part of the problem.

Tri-Valley Superintendent Nancy George, who has refused to meet with any reporters today, yestedar said that when Worden, Bunce and another staffer did the bag check, they were telling students to put the bags in their lockers. The administration is investigating whether they said anything more to some girls.

I have had some parents talk to me personally, and they gave me the names of some students who were asked, she said. We’re certainly not going to make light of this. It’s a very sensitive issue, but it needs to be handled. Parents with more information should call her directly, she added.

Raymond and Worden failed to return calls yesterday for comment. Bunce was not working yesterday, and his home phone number is unlisted.

Bunce was forced to retire from the Monticello Police Department in 2002 after he and the former chief were caught running their process-serving business on village time.

School board President Lori Mickelson declined comment.

The school banned backpacks in the halls this year for two reasons, George said: Student health, because heavy bags could hurt the kids’ backs or people could trip on them; and for security concerns, felt nationwide, about concealed weapons.

— Heather Yakin, Times Herald-Record (2007-09-28): The Question’ causes furor at local high school

Clearly the Authorities concerns about small purses and their contribution teenagers’ back problems outweigh minor considerations like the dignity and sexual privacy of 14 year old girls.

The third case comes from Palmdale, California, near Los Angeles, where a member of the school goon squad slammed Pleajhai Mervin, a young black woman at Knight High School, down on a table, twisted her arm behind her back, and broke her wrist — after she refused to follow his bellowed orders to make a fourth try at cleaning up the last bits of a slice of cake that she had accidentally spilled on the lunchroom floor. According to Mervin, the uniformed thug yelled hold still nappy head at her during the course of the attack. The fifteen-year-old young woman was then ticketed for littering, expelled from school, and arrested for battery against the beefy uniformed security thug who was breaking her wrist while other security goons hovered around. Two other black students — a 14 year old boy and his 16 year old sister — were tackled, held down, shoved around, handcuffed, and arrested for daring to film what was going on using their cell phone cameras.

School security guards in Palmdale, CA have been caught on camera assaulting a 16-year-old girl and breaking her arm after she spilled some cake during lunch and left some crumbs on the floor after cleaning it up.

… The girl, Pleajhai Mervin, told Fox News LA that she was bumped while queuing for lunch and dropped the cake. After being ordered to clean it up and then re-clean the spot three times, she attempted to leave the area out of embarrassment but was jumped on by security who forced her onto a table, breaking her wrist in the process.

Steve Watson, InfoWars (2007-09-28): School Guards Break Child’s Arm And Arrest Her For Dropping Cake

Mervin says a security guard slammed her against a table at a lunchroom at the high school and twisted her arms behind her back so violently, he broke her wrist. Her wrist is in a cast.

He put my arm behind my back and he started raising it until it hurt, so I told him, Stop, it hurts. He had slammed me on the table and told me to hold still. He called me a nappy-head, and that’s when I just started crying, said Mervin.

Mervin claims she was roughed up simply because she failed to pick up every crumb of a birthday cake she accidentally dropped on the floor of the lunchroom during a lunch-hour birthday celebration for a friend. She says she thought she cleaned up the mess, but the security guard thought otherwise.

He said, You have to come pick the rest of this cake up. So I said, I picked it up. He gets on his walkie-talkie, he got a call, so I just started walking to class, and that’s when he grabbed me, said Mervin.

Mervin says when the security guard realized he was being videotaped, he tackled the student shooting the video. She says another student captured photographs of that incident. She says the whole incident was unnecessary.

Leo Stallworth, KABC Los Angeles (2007-09-26): High School Security Guards Accused of Excessive Force

One security guard twisted the arm of 16-year-old Pleajhai Mervin behind her back and slammed her against a lunch table, fracturing her wrist, parents said.

I want justice, said Mervin’s mother, Latrisha Majors, who also was arrested. I want justice for my daughter. I want the guards to be held accountable for their actions.

Majors and her daughter were arrested in the Sept. 18 lunchtime incident, along with Joshua Lockett, 14, who videotaped the fight, and his sister, Kenngela Lockett, 16, who also suffered a fractured wrist.

Both Mervin and Kenngela Lockett attended the protest with their arms in slings.

Joshua Lockett, who was on probation for robbery, remained in juvenile custody on suspicion of violating his probation, sheriff’s deputies said.

We come to get an education, not to be hurt by security guards, said Kenngela, who said she tried to pull guards off her brother and was hurt while being handcuffed.

One guard, whose name has not been publicly released, has been placed on leave with pay pending an investigation by the Antelope Valley Union High School District. Attempts to reach the guard were not successful.

Los Angeles County sheriff’s deputies said the guard told them he felt threatened by Mervin.

There was resistance by her, Sgt. Darrel Brown said. He went to control her.

— Karen Maeshiro, LA Daily News (2007-09-29): Rally protests security guard acts.

Mainstream media sources such as the Los Angeles Times, KABC in Los Angeles, KSN (a local NBC affiliate), and the LA Daily News have repeatedly described what happened as a tussle … between a security guard and three students, as a scuffle with security guards, a melee with security guards, mayhem, etc. This apparently is what passes for accurate description of a professional uniformed security goon battering two high school girls and a fourteen-year-old boy, while he’s backed up by another security goon hovering around the area and clearly outweighs all of his victims. You can watch part of Joshua Lockett’s video of the scuffle at MyFox Los Angeles (2007-09-26) and MyFox Los Angeles (2007-09-28).

Oh No A WoC PhD (2007-09-30) has a YouTube montage of more photos and videos from this so-called melee, and also the contact information for school and city officials.

(Stories thanks to feministing 2007-10-01, Women of Color Blog 2007-09-30, Oh No a WoC PhD 2007-09-30, The Superfluous Man 2007-09-28, Radley Balko 2007-09-28, feministing 2007-09-28, and Majikthise 2007-09-28.)

State schooling, institutional racism, blanket zero-tolerance policies, and increasing police and security presence in schools have ensured that many if not most American schools are no longer primarily places of learning. They are guarded institutions whose primary focus is on command and control.

Further reading:

New York cops attack and pepper-spray trans activists

(Link thanks to feministing 2007-09-27.)

Cops in America are heavily armed and trained to be bullies, and they routinely hurt people who pose no serious threat to anyone, in order to establish, maintain, or take control of the situation. People who complain about this kind of rough handling are treated like trash, as if any level of intimidation and violence whatsoever were obviously legitimate, and the victims are to blame for provoking whatever they get. This is especially likely if the victims have features that mark them as targets for the special concern of the police — if they are black, or poor, or young, or Muslims, or immigrants, or women who speak loudly and forcefully, or queer, or political activists, or for whatever other reason. And they are especially vehement and arrogant about this kind of behavior when civilians dare to watch, record, and/or object to how the cops are treating somebody else.

In New York City, a group of cops who were hassling a young black man were questioned by members of the Sylvia Rivera Law Project outside an East Village bar. The cops turned their violent attention on these peaceably assembled people, grabbing a couple of people for arrest and then spraying pepper spray, apparently without warning and without provocation, into the rest of the crowd. Here is what SRLP has to say about it:

The Sylvia Rivera Law Project is an organization that works on behalf of low-income people of color who are transgender, gender non-conforming, or intersex, providing free legal services and advocacy among many other initiatives. On Wednesday night, the Sylvia Rivera Law Project was celebrating its fifth anniversary with a celebration and fundraising event at a bar in the East Village.

A group of our community members, consisting largely of queer and transgender people of color, witnessed two officers attempting to detain a young Black man outside of the bar. Several of our community members asked the officers why they were making the arrest and using excessive force. Despite the fact that our community was on the sidewalk, gathered peacefully and not obstructing foot traffic, the NYPD chose to forcefully grab two people and arrested them. Without warning, an officer then sprayed pepper spray across the group in a wide arc, temporarily blinding many and causing vomiting and intense pain.

This is the sort of all-too-common police violence and overreaction towards people of color that happens all the time, said Dean Spade,founder of the Sylvia Rivera Law Project. It’s ironic that we were celebrating the work of an organization that specifically opposes state violence against marginalized communities, and we experienced a police attack at our celebration.

We are outraged, and demand that our community members be released and the police be held accountable for unnecessary use of excessive force and falsely arresting people, Spade continued.

Damaris Reyes is executive director of GOLES, an organization working to preserve the Lower East Side. She commented, I’m extremely concerned and disappointed by the 9th Precinct’s response to the situation and how it escalated into violence. This kind of aggressive behavior doesn’t do them any good in community-police relations.

In the comments at Feministing, a law student who was there when it happens, elaborates:

From what I could tell last night: a group of queer and trans people, many of color, were gathered outside the bar where the fundraiser after-party was going on, talking and having a cigarette. Some of the attendees noticed a young black man being stopped by the police, who began arresting him. I am not sure if this man was part of the party or not. The police became agitated when the attendees (many of whom are lawyers, law students and legal workers since this WAS, after all, a fundraiser for a legal nonprofit) began questioning them on the nature of the arrest. The police demanded that everyone disburse and pepper sprayed an arc around them, leaving a number of individuals, including those who weren’t involved in conversation with police, crying, vomiting, and collapsed on the sidewalk. After this, some people ran to get water, and others attempted (and eventually received) the badge numbers and names of the arresting officers, and asked bystanders to write them down. After this, Dean Spade asked the crowd to go back inside, and I walked away since it was getting close to bedtime for me. This is as much as I could tell.

I still do not know what the two attendees were arrested for, nor what the young black man was detained (and arrested?) for.

In an update to the original notice, the Sylvia Rivera Law Project adds:

We are getting word that the arraignments are likely to happen during night court tonight [Thursday 9/27] some time between 5pm and 1am. If you can, go to the court to show support!

The arraignment court rooms are at 100 Centre St (Directions: No. 4 or 5train to Brooklyn Bridge Station; No. 6 train, N, R or C train to Canal Street; No. 1 train to Franklin Street; M1, M6 and M15 bus lines are nearby. 100 Centre Street is one block north of Worth Street,three blocks south of Canal Street.) Ask for directions to the arraignment rooms at the info desk when you enter.

And:

If you would like to receive email updates, send a blank email to sept26-subscribe@lists.mayfirst.org

The Show Pony

Last week I posted about this recent case in Oregon, in which the narcs — bullies by profession and liars by trade — decided to seize some evidence of drug sales between consenting adults, without a warrant, by ramming a car and then stealing it off the street:

In a strongly worded order last year, U.S. District Court Judge Robert Whaley tossed out evidence seized from a car driven by Ascencion Alverez-Tejeda, charged with three felony counts of distributing cocaine and methamphetamine in Eastern Washington for a Mexican drug ring.

On June 8, a three-judge panel of the 9th U.S. Circuit Court of Appeals overruled Whaley, ruling that the search was legal but expressing reservations about the ruse used by the region’s Drug Enforcement Agency.

The case includes grand jury testimony that DEA agents have used similar tactics on other occasions — raising questions by judges and defense lawyers about how far law enforcement officers can go to mislead suspects and act without a warrant. The DEA, which waited three days after the seizure to get a search warrant, is defending the conduct of its agents.

In his April 2006 order, Whaley said the DEA engaged in shocking and outrageous conduct and committed criminal acts against Alverez-Tejeda, 35, who was living in Irrigon, Ore., and Diana Maria Volerio-Perez, his 30-year old girlfriend, when they were detained and searched without a warrant on Dec. 18, 2004.

In that incident, DEA agents staged a car accident near Redmond, Ore., ran a truck into the car Alverez-Tejeda was driving, pretended to be Deschutes County Sheriff’s deputies and drove off at high speed in Alverez-Tejeda’s car while falsely telling him it had just been randomly stolen.

As a result of the bogus theft of their car, the couple became victims of a crime, Whaley said.

The agents’ actions violated the Fourth Amendment and so tainted the case that drug evidence — two kilograms of cocaine and three pounds of methamphetamine — later found in the car should be suppressed, Whaley said.

U.S. Attorney James McDevitt filed an appeal on May 5, 2006, which stayed the case until the ruling earlier this month.

Now that the 9th Circuit has overturned Whaley’s order, a trial for Alverez-Tejeda will be scheduled.

— Karen Dorn Steele and Kevin Graman, The Spokesman-Review (2007-06-18): Appeals court upholds DEA ruse

The Spokesman-Review story has a lot more on the details of the case. I mention it here, though, because it alerted me to this:

In oral arguments in Seattle in April, a three-judge panel of 9th Circuit judges peppered U.S. Attorney Russell Smoot of Spokane with questions as he argued that the agents’ tactics were reasonable.

This is the Keystone Cops case, said 9th District Circuit Judge Alex Kozinski, calling the agents’ ruse a hairbrained scheme.

But Kozinski, writing for the panel, said the ruse was not unconstitutional.

The agents’ actions were reasonable in light of their vital interest in seizing the drugs and not exposing their investigation, Kozinski wrote.

— Karen Dorn Steele and Kevin Graman, The Spokesman-Review (2007-06-18): Appeals court upholds DEA ruse

Please note that the author of the majority opinion here is Judge Alex Kozinski. When he’s not busy writing opinions giving the narcs King’s X to cause auto collisions, impersonate local police officers, use their assistance to collision victims as a pretext for stealing cars, and all without a warrant of any kind, Judge Kozinski gives interviews to Reason magazine, who described him, not so long ago, as one of the most libertarian judges in the country.

Were you counting on the courts to uphold even minimal protections for civil liberties? Don’t.

Law enforcement

Cops in America are heavily armed and trained to be bullies, and they routinely hurt people who pose no serious threat to anyone. People who complain about this kind of rough handling are treated like trash, as if any level of intimidation and violence whatsoever were obviously legitimate, and the victims are to blame for provoking whatever they get. Cops in America are also professional liars. They lie to obtain confessions; they lie to obtain consent for searches; they lie to intimidate; they lie to lull people into a false sense of security. They also lie repeatedly and extensively to carry on investigations, which is constantly necessary in the effort to enforce drug laws: since the so-called crime of selling and using drugs involves only willing parties, there’s no victim to file a complaint, so narcs have to lie and pose and infiltrate in order to even discover where drugs are being sold and by whom.

In La Pine, Oregon, here is how the DEA and the local narcs recently worked together to seize evidence from two people for a federal drug case without identifying themselves as cops, affording any opportunity to consult a lawyer, or even going so far as to get a warrant or talk to a judge.

On December 18, 2004, Ascension Alverez-Tejeda and his girlfriend were stopped at a traffic light near La Pine Oregon, and when the light turned green, the car in front of them stalled. Alverez-Tejeda stopped in time but a pickup truck behind him rear-ended him. When he got out to look at his bumper, the police showed up and arrested the truck driver for drinking and driving. The cops then convinced Alverez-Tejeda and his girlfriend to go to a nearby parking lot, ordered them out of their car and into in the back of the cop car for processing. While they were in the cruiser, a person jumped in their car and took off. The cops ordered the pair out and set off in full pursuit up the road. A few minutes later, the stolen car comes flying back down the road with the police cruiser in pursuit. The pursuing officer returns alone with the woman’s purse, telling the duo that the carjacker thrown it out the car window and escaped. The woman is so upset she hurls and the police put the distraught couple up in a motel.

But it was all a set up worthy of David Mamet. DEA agents were tracking a drug gang and had bought drugs out of the car months earlier, though not when Alverez-Tejeda was there. Using wiretaps and surveillance, the DEA learned that Alverez-Tejeda was using the leader’s car to transport illicit drugs. The agents then decided to stage something, perhaps even a carjacking, in order to seize the drugs without tipping off the conspirators. They never consulted a judge, but every person in the story, other than Alverez-Tejeda and his girlfriend, was a cop of some sort.

Once they got the car, the agents got a search warrant without telling the judge about the caper and seized cocaine and methamphetamines, as well as property belonging to Alverez-Tejeda and his girlfriend.

— Ryan Singel, Wired Blogs (2007-06-08): Appeals Court Rules Cops Can Steal Cars and Lie to Victims To Conduct a Warrantless Search

And here’s what happened when they took this evidence to court:

The government indicted Alverez-Tejeda but the district court in Washington found that the caper violated the Fourth Amendment, thus making the drugs inadmissable in court. The government appealed.

The Ninth Circuit Court of Appeals overturned the lower court’s decision Friday, finding that this police escapade was legal since the cops had probable cause already to seize and search the car, thanks to the vehicle exception to the Fourth Amendment created by the courts during the War on Drugs. Therefore, the court found, the police are allowed much latitude in how they seize the car and arrest the driver. The tap was considered only a minimal use of force, and the fake chase wasn’t considered to have put any civilians lives in danger.

The government here certainly had important reasons for employing this unusual procedure in seizing the car. First, the agents wanted to stop the drugs before they reached their ultimate destination — a patently important goal. Second, they wanted to protect the anonymity of the ongoing investigation — another vital objective.

— Ryan Singel, Wired Blogs (2007-06-08): Appeals Court Rules Cops Can Steal Cars and Lie to Victims To Conduct a Warrantless Search

To recap, two people who did absolutely nothing to violate anyone else’s rights or hurt anyone against their will, had their car rammed and then stolen. The narcs knew about the deliberate ramming and the theft but they lied about them–because, after all, they ordered them. They used this lie to seize property and obtain evidence without giving their victims any chance to assert their rights (since they were lied to, they had no idea that a search or seizure was even taking place), and without obtaining a warrant or submitting to judicial oversight of any kind. The narcs feel that they need to be able to do this kind of thing in order to do their jobs effectively, since snitch anonymity, which actually has nothing to do with privacy and everything to do with systematically lying about who they are and what they do, is an essential tool in their efforts to lock harmless people in cages for the next several years of their lives. The Ninth Circuit Court of Appeals, meanwhile, stands by and smilingly waves them on, once again under the excuse of necessity.

To prove, that these Sort of policed Societies are a Violation offered to Nature, and a Constraint upon the human Mind, it needs only to look upon the sanguinary Measures, and Instruments of Violence which are every where used to support them. Let us take a Review of the Dungeons, Whips, Chains, Racks, Gibbets, with which every Society is abundantly stored, by which hundreds of Victims are annually offered up to support a dozen or two in Pride and Madness, and Millions in an abject Servitude, and Dependence. There was a Time, when I looked with a reverential Awe on these Mysteries of Policy; but Age, Experience, and Philosophy have rent the Veil; and I view this Sanctum Sanctorum, at least, without any enthusiastick Admiration. I acknowledge indeed, the Necessity of such a Proceeding in such Institutions; but I must have a very mean Opinion of Institutions where such Proceedings are necessary.

— Edmund Burke (1757): A Vindication of Natural Society

So who are the real criminals here?

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